Florida Department of Children and Families Annual Report to the Legislature on False Reporting State Fiscal Year

Transcription

1 Florida Department of Children and Families Annual Report to the Legislature on False Reporting 04-5 State Fiscal Year Mike Carroll Secretary Rick Scott Governor MISSION: To work in partnership with local communities to protect the vulnerable, promote strong and economically self-sufficient families, and advance personal and family recovery and resiliency

2 ANNUAL REPORT TO THE LEGISLATURE FY False Reports of Child Abuse, Neglect or Abandonment Referred to Law Enforcement I. Purpose The Department of Children and Families is directed by s. 9.05(7), F.S., to provide the Legislature with the number of suspected false reports referred to law enforcement each year as a result of an unwarranted child abuse investigation. Section 9.0(7), F.S., defines false report as any allegation of a child reported to the Florida Abuse Hotline (Hotline) which is maliciously made for the purpose of: Harassing, embarrassing, or harming another person Personal financial gain for the reporting person Acquiring custody of a child Personal benefit for the reporting person in a private dispute Reports made in good faith based upon an individual having a reasonable cause to suspect a child has been maltreated but which are subsequently determined by the child protective investigator to have no credible evidence of maltreatment (i.e., Unfounded or No Indicator closure findings) are not the same as false reports contrived without merit to harass a family or to result in personal gain for the reporter or another individual. Approximately 50% of the investigations conducted by the Department each year are closed as unfounded reports but only a very small percentage (generally <%) are determined to have been made with malicious intent. The incidence of unfounded reports and suspected false reports has remained consistent for more than a decade in Florida. II. Background Both the definition of false reporting and the requirement for the Department to submit an annual report were added to Chapter 9, F.S., in 998. The Department s annual report has illustrated the challenges in the handling and prosecuting of individuals suspected of making false reports. Obtaining credible evidence to establish a report was made with malicious intent is the primary challenge for both child protective investigators and law enforcement personnel in attempting to apply sanctions leading to the reduction of false reporting. Many, if not most reporters, know enough about the families they are reporting on to generate plausible allegations against the individual(s) being harassed. False reporters typically describe situations and events that ostensibly merit the Department s involvement. For instance, a reporter might allege a child has a black eye because the parent struck the child. When the investigator observes the child, there may be bruising around the eye, but the cause of the injury is determined to be accidental. The fact that an actual injury was observed, however, makes proving the report was

3 made with malicious intent (e.g., the Reporter knew before calling the Hotline the injury was accidental in nature, etc.) nearly impossible even though the cause of the injury was fabricated. This reasonable cause to suspect is similarly found in neglect allegations when the family s circumstances are marginally problematic enough (e.g., a home is found to be very dirty or cluttered but not hazardous, etc.) to add some degree of legitimacy to the reported concern(s), which only serves to obscure the reporter s ulterior motives. The issue of proving malicious intent is problematic for all three agencies involved the Department of Children and Families, law enforcement, and the State Attorney s Office. III. Department and Legislative Action to Address False Reports To reduce the incidence of false reporting over the years, the Department has initiated several changes in how reports are processed at the Hotline and how child protective investigators respond after investigating a questionable or suspected false report. Hotline All individuals calling the Hotline to report allegations of maltreatment initially hear a prerecorded message that informs the caller that: ) Any person who willingly makes a false report is guilty of a third degree felony; ) In addition to criminal penalties, the Department may levy up to a $0,000 administrative fine; ) All calls to the Hotline are recorded; and 4) Any person making a call in good faith is immune from liability. Child Protective Investigation Procedures To lessen parents anxiety about being the subject of a child protective investigation, investigators are trained to inform parents of their rights pursuant to s. 9.0(5), F.S., during their initial face-to-face meeting. The Department has developed a pamphlet titled Child Protection: Your Rights and Responsibilities (CF/PI 75-), which is left with the parent to address frequently asked questions about the investigative process and potential actions the Department may have to take. There are currently three versions of the pamphlet in print: English, Spanish and Creole. To further reduce any potentially negative effects on families falsely reported for abuse, the Florida Legislature amended s. 9.05(8), F.S., on July, 0, allowing investigators to discontinue investigative activities when it is determined that an investigation was the result of a false report. The timely cessation of investigative activities facilitates the family getting immediate notification on how the investigation is being closed (i.e., less worry and stress about the outcome) and frees up the investigator to work other more serious and legitimate investigations. Termination of investigation activities also helps minimize the intrusive aspects of the investigative process (i.e., reduced social stigma) as fewer interviews with other family members, friends, neighbors and school or medical personnel are conducted.

4 IV. Data Parameters for Suspected False Reports Since 007, child protective investigators have been able to denote a suspected false report in the automated child welfare case record (Florida Safe Families Network). The investigator simply selects a coded check box (Referral to State Attorney as Possible False Report) on the Results module/tab of the Child Safety Assessment instrument. This marker alerts any investigator assigned a subsequent investigation on the family to be especially aware of the possibility of a false reporting issue by comparing the identity of the reporters and the closure history of any past reports (i.e., all unfounded reports). The statewide chart (by region and circuit), included in this report, contains the following data elements to show the handling of suspected false reports by child protective investigators. Column : Two data elements Region/Circuit identifiers. Column : Three data elements Total investigations closed during FY 04-05/Number and percentage of No Indicator (unfounded) closure findings/number of investigations designated Suspected False Reports by investigator (as described in introductory paragraph above). Column : Two data elements Number of suspected false reports investigators staffed with a supervisor or manager/number of suspected false reports staffed with legal counsel. These staffings generally involve consideration of appropriate follow-up actions by the investigator or the Department (i.e., collaborative decision to issue written or verbal warnings, initiate legal action to levy an administrative fine, or make a referral to law enforcement for criminal investigation, etc.). Column 4: Two data elements Number of verbal warnings issued to individual suspected of making a false report/number of written warnings mailed out to individual suspected of making a false report. Column 5: Two data elements Number of administrative fines levied by the Department against the individual determined to have made a false report/amount of monetary fine levied against individual determined to have made a false report. Column 6: Three data elements Number of reports referred to law enforcement for criminal investigation by child protective investigators/number of criminal investigations prosecuted by the State Attorney s Office/Court imposed sanctions due to a conviction for filing a false report. 4

5 V. Data on Suspected False Reports by Circuit and Region Suspected False Reports Closed During July, 04 through June 0, 05 Column Column Column Column 4 Column 5 Column 6 Number of Investigations* Staffings Warning Administrative Region & (Internal Review) CPIS*** Issued Fines Circuit or Legal Northwest 4 Total Closed Suspected Reports No False Indicators** Reports 8,89 4,00 (48%) 4,0,855 (56%),86,96 (58%) Manager Counsel Verbal Written Issued Amount Criminal Investigation/Prosecution Law SAO Court Enforcement Charged Sanctions Northeast 4 7 8,060,08 (5%),78 5,764 (47%) 6 8,04,8 (48%),965,940 (49%) Central ,8 4,97 (47%) 4,657 7,559 (5%) 5 8,68,658 (45%) 8,687 4,50 (48%) Southeast ,965 4, (46%) 8,09 4,657 (8%) 8 4,70,040 (4%) 4 5 Suncoast 6 0,58 5,45 (4%) 4 6,09,46 (40%) 4 0,47 4,76 (46%) 8,74 4,507 (5%) 6 4 pending Southern 6,699 5,5 (47%) (45%) 4 4 pending FY ,545 74,99 (47%) FY -4 6,085 75,54 (46%) * Data Source: Florida Safe Families Network (FSFN) Data Repository Run Date: 0/6/06 ** No Indicators findings are more commonly referred to as Unfounded reports, in which there is no credible evidence to support any allegation of abuse, neglect or abandonment. *** CPIS is the acronym for Child Protective Investigation Supervisor. VI. Summary The chart above visually depicts the infrequency of successful prosecution of individuals suspected of making false reports to the Hotline. As mentioned previously, the challenges inherent in proving malicious intent, combined with the need for agencies to address higher priority issues (e.g., focusing on cases involving significant injury and maltreatment resulting in 5

6 dependency and criminal proceedings, etc.), have historically resulted in a sharp drop-off from the number of suspected false reports initially identified by child protective investigators (Column ) and the subsequent prosecution for individuals having filed a false report (Column 6). In the Department s case, resources are generally focused on reports involving severe maltreatment and child deaths. Similarly, in the case of law enforcement and State Attorney s Offices, the handling of first and second degree felonies takes precedence over the handling of third degree felonies (i.e., filing of a false abuse report). The most recent data shows the number of suspected false reports referred to law enforcement by child protective investigators from Fiscal Year 0-04 to Fiscal Year nearly doubled ( to 9). This significant increase, however, resulted in only two more instances of criminal prosecution, which again reflects the inherent difficulty of proving malicious intent on the part of the individual making the false report to the Hotline. It is important to discuss false reporting in the context that the overwhelming majority of reports to the Hotline appear to be made in good faith. Of the 58,545 reports closed during the fiscal year, only 4 were earmarked by investigators as suspected false reports. That equates to approximately only one report in,400 being problematic from a false reporting standpoint. While recognizing the potential intrusion to families involved in a false report, the overwhelming majority of investigations are clearly warranted. False reporting is an unavoidable consequence in a state that purposefully encourages reporting to protect its most vulnerable population from child abuse. 6